Summary: We will not investigate this complaint about happened when Mr X asked the Council for assistance in connection with his private tenant’s rent arrears. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X says the Council failed to assist him with his private tenancy matter and failed to provide the forwarding address of his former tenant, who was a housing services client.
2. Mr X says the Council’s failure to assist resulted in him suffering a financial loss of over £7,500 in unpaid rent.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating.
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant which includes the Council’s complaints response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X is a landlord. He says he asked the Council for assistance due to his private tenant’s large rent arrears. He said the Council was unhelpful and unclear.
7. Mr X has sent in information showing that a Council officer informed him that rent arrears were outside their remit. The officer signposted Mr X to Citizens Advice and the small claims court.
8. We will not investigate. There is not enough evidence of fault in the Council’s actions. The officer’s response was appropriate in the circumstances as his remedy lies in enforcing his tenancy in court. Mr X’s claimed injustice arises from the Mr X’s tenant’s failure to pay him rent rather than any action or omission by the Council.
9. Further, in relation to the Council’s alleged failure to provide the tenant’s forwarding address, the Council would be subject to data protection constraints. In any event, it is open to Mr X to raise this with the Information Commissioner. It is the national regulator for information rights issues and is better placed than us to advise Mr X if the Council was obliged to provide the information requested.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

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Investigator's decision on behalf of the Ombudsman